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No bathroom/kitchen for over a week! Prorate rent?

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Sweetie726

Junior Member
What is the name of your state?What is the name of your state? California.
Hi everyone. I moved into a new building in November and I was unfortunate enough to pick one where the unit had no hot water in the kitchen. In addition, the rest of the water in the apartment came out brown! Rust water I guess. :rolleyes: Anyways, I notified the landlord when I moved in the beginning November verbally, written via Certified mail in December, and finally the repairs were made late January, past the 30 days from the certified letter notifying the landlord of the repairs that needed to be made.

The repairs were only suppose to take 3 days but instead took over a week and a half. During that time, I either had no kitchen (3 days) or no bathroom (7-8 days), which if I understand correctly violates California law and is also a violation of Housing Code. I didn't realize at that time that I should have called for an inspector for a written report etc.... Nonetheless, I wanted to get some advice on what is owed of me from my landlord since I had NO bathroom and or kitchen so my apartment wasn't fully livable! (I had to go to a neighbors every time I had to use the bathroom and shower at school! haha Although this was kinda funny in hindsight it was also very inconvenient!)

Please, please, please, tell me what I should do. Should I threaten the landlord with California laws? Report him? Do I do something with the repair and habitually code? He is super rich but is a major tight ass and is always trying to cut corners! Please help! (and thanks for reading this far!) :)
 


dduglass

Junior Member
When something in the rental unit needs to be repaired, the first step is for the tenant to give written notice of the problem to the landlord or person who collects the rent.

The notice must include the address and apartment number of the rental, the name of the owner, if known, and a description of the problem.

It's a good idea to deliver the notice personally, or to use certified mail and get a return receipt from the post office.

After giving notice, the tenant must wait the required time for the landlord to begin making repairs. Those required waiting times are:

• 24 hours for no hot or cold water, heat, or electricity, or for a condition which is imminently hazardous to life.

• 72 hours for repair of refrigerator, range and oven, or a major plumbing fixture supplied by landlord.

• 10 days for all other repairs.

Tenant's Options. What can the tenant do if repairs are not started within the required time? If the tenant is paid up in rent and utilities, the following options can be used:

1. The tenant can move out. After waiting the required time, the law allows tenants to give written notice to the landlord and move out immediately. Tenants are entitled to a prorated refund of their rent, as well as the deposits they would normally get back.

2. Litigation or arbitration can be used to work out the dispute. A tenant can hire an attorney and go to court to force the landlord to make repairs. (These kinds of suits cannot be brought in Small Claims Court.) Or, if the landlord agrees, the dispute can be decided by an arbitration service. Arbitration is usually less costly and quicker than going to court.

3. The tenant can hire someone to make the repairs. In many cases the tenant can have the work done and then deduct the cost from the rent. (This procedure cannot be used to force a landlord to provide adequate garbage cans.)

Before having any repairs made by a licensed or registered tradesperson if one is required, or any person capable of doing the work, the tenant must submit a good faith estimate to the landlord. To speed up the repair process, the estimate can be given to the landlord along with the original written notice of the problem.

When the required waiting period has ended and the landlord has not begun repairs, the tenant can contract with the lowest bidder to have the work done. An Important Note: If the repair is one that has a 10-day waiting period, you cannot contract to have the work done until ten days after the landlord receives notice, or five days after the landlord receives the estimate, whichever is later.


After the work is completed, the tenant pays the repair person and deducts the cost from the rent payment. The landlord must be given the opportunity to inspect the work.

There are limits on the cost of repairs which can be deducted. If a tenant contracts the repair work out to a licensed or registered person, or to a responsible person if no other license is required, then the total cost of repairs that may be deducted in this category is no more than one month's rent per each repair, and no more than two months rent in any 12 month period.

If a large repair which affects a number of tenants needs to be made, the tenants can join together, follow the proper procedure, and have the work done. Then each can deduct a portion of the cost from their rent.

Remember: a tenant must be current in rent and utilities payments to use this procedure.

4. The tenant can make the repairs and deduct the cost from the rent, if the work does not require a licensed or registered tradesperson. The tenant must give the landlord proper notice of the problem as outlined on pages 10 and 11. Then, if the landlord does not begin repairs within the required time, the tenant can make the repairs. The cost of materials and labor can be deducted from the rent.
 

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